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Sheriff to respond to lawsuit
Originally published November 13, 2009


By Nicholas C. Stern and Patti S. Borda
News-Post Staff


Frederick County Sheriff Chuck Jenkins will hold a press conference today to address questions about a lawsuit filed by a woman who alleges her civil rights were violated when deputies arrested her on suspicion of an immigration violation.

Roxana Orellana Santos, formerly of Frederick , names Jenkins, the Board of County Commissioners, Deputy Jeffrey Openshaw and current and former immigration officials in the federal lawsuit.

The press conference will be at 2:30 p.m. at the Frederick County Law Enforcement Center.

Orellana Santos and her lawyers with LatinoJustice PRLDEF, CASA de Maryland and Nixon Peabody LLP filed the $1 million suit Tuesday in U.S. District Court in Greenbelt. The suit alleges that deputies exceeded their authority when they arrested her to enforce federal civil law.

Her suit argues that the authority to check immigration status does not extend to deputies who have not been specially trained by immigration officials as part of the 287(g) program with U.S. Immigration and Customs Enforcement.

Also, because she was not arrested in connection with any other crime, the sheriff's office did not have authority to check her immigration status, according to the papers filed.

The complaint states that Orellana Santos' interrogation and detention by sheriff's deputies was based solely on her race or ethnicity.

Jenkins could not be reached for comment Thursday about the deputies' authorization or the 287(g) program. He has said previously that deputies do not engage in racial or ethnic profiling, and immigration status under the 287(g) program is checked only after a person is arrested on suspicion of committing a crime.

Kerry O'Brien, director of services for CASA de Maryland, said she and Orellana Santos' attorneys disagree with published statements that the deputies investigated Orellana Santos because she fled when they saw her.

If there was a warrant for Orellana Santos, O'Brien said, it was not a criminal arrest warrant, but a civil matter. The officers who detained Orellana Santos were not trained under the 287(g) program and should not have checked her status, O'Brien said.

Also, there was no probable cause that Orellana Santos was committing a crime, she said.

Orellana Santos is from El Salvador. She entered the United States in October 2005 and has lived with her husband in Frederick County for about four years, the complaint states.

The complaint alleges Orellana Santos was eating lunch Oct. 7, 2008, as she sat on a curb behind a food co-op near Evergreen Square on Buckeystown Pike.

The deputies asked her for identification, and at first she told them she did not have any. After a few minutes, she remembered she had a national ID card and gave it to the deputies, the complaint states.

Because she did not speak much English and the deputies did not speak Spanish, she did not understand why she was being detained, the complaint states.

After about 15 minutes, she tried to stand up, collect her things and leave, but officers handcuffed her and took her to the Frederick County Adult Detention Center, according to the complaint. She was then transferred to other immigration detention centers in Maryland.

She was not deported. On Nov. 11, 2008, authorities granted Orellana Santos supervised release for humanitarian purposes, the complaint states. Jose Perez, one of Orellana Santos' lawyers, said Orellana Santos now lives at an undisclosed location in the United States with her family and has an immigration lawyer.



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